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R 3303 RESOLUTION NO. 3303 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF ARROYO GRANDE, CALIFORNIA, AMENDING RESOLUTION NO. 3285 WHEREAS, on May 12, 1998, the Arroyo Grande City Council adopted Resolution No. 3285, entitled "A Resolution of the City Council of the City of Arroyo Grande, California, Calling and Giving Notice of the Holding of a General Municipal Election to be Held in the City on Tuesday, November 3, 1998, for the Election of Certain Officers of the City and for the Submission of Proposed Measures"; and WHEREAS, the City Council desires to amend Resolution No. 3285 to modify the proposed ballot measure relating to an increase in the transient occupancy tax rate. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: 1. That the portion of Resolution No. 3285, Section 1, which reads as follows: CITY OF ARROYO GRANDE MEASURE H-98 YES Shall the City increa.se the Transient Occupancy Tax (hotel/motel bed tax) from 6% to 10%, effective January . NO 1, 1999? is hereby amended to read as follows: CITY OF ARROYO GRANDE .- MEASURE lk.9..8 YES Shall an Ordinance amending Section 3~3.03 of the Arroyo Grande Municipal Code to increase the Transient Occu-. pancy Tax ("hotel/motel bed tax") rate NO from six percent (6%) to. ten percent (10%) be adopted? RESOLUTION NO. 3303 The full text of the Measure is attached hereto as Exhibit "A" and incorporated herein by this refer~nce and will be included in its entirety with the ballot measure arguments. 2. Except as amended herein, Resolution No. 3285 shall remain in full force and effect. On motion of Council Member Lady , seconded by Council Member . Tolley , and on the following roll call vote, to wit: AYES: Council Members Lady, Tolley, Runels, and Mayor Dougall NOES: None ABSENT: Council Member Fuller the foregoing e 01 .on was passed and adopted this 23rd day of June , 1998. ATTEST: a. . VIS, CITY CLERK APPROVED AS TO CONTENT: ~L. ~, - ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: RESOLUTION NO. 3303 I, NANCY DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the following Resolution No. 3303is a true, 'full land correct copy of said Resolution passed and adopted at a regular meeting of said Council on the 23rd day of June, 1998. WITNESS my hand and the seal of the City of Arroyo Grande affixed this 29thday of June, 1998. '11~a. ~ NANCY A. D IS, CITY CLERK RESOLUTION NO. 3303 FULL TEXT OF MEASURE H-98 AN ORDINANCE OF THE CITY OF ARROYO GRANDE TO. AMEND SECTION 3-3.303 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO TRANSIENT OGCUPANCY TAX RATES The People of the City of Arroyo Grande do hereby ordain as foJlows: Section 1. Purpose It is the intent of this ordinance to increase City funds in order to offset revenue losses due to State budget cut-backs. Section 2. Type of Tax A Transient Occupancy Tax is a General Tax as defined in Government Code Section 53721. The tax is imposed for General Governmental Purposes. Section 3. Transient Occupancy Tax Section 3-3.303 of the Arroyo Grande Municipal Code is hereby amended to read as follows: For the privilege of occupancy in any hotel, each transient shall be subject to and shan pay a tax in the amount of ten percent (10%) of the rent charged by the operator. Such tax shall constitute a debt owed by the transient to the City, which debt ~haJl be extinguished only by payment to the operator or to the City. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If fo~. any reason the tax due is not paid ~o the operator of the hotel, the Tax "Administrator may require that such tax be paid directly to the Tax Administrator. ~ection 4. Effective Date of Tax Increase The tax rate authorized by this ordinance shall commence on January 1, 1999. EXHIBIT II A" RESOLUTION NO. 3303 Section 5. Authority to Adopt Measure This ordinance and the tax authority herein is enacted pursuant to the provisions of Section 7280 of the_ California Revenue and Taxation Code, and in compliance with the California Constitution Article XIII A, Section 4 and Article 3.7 of Chapter 4 of Part 1, of Division 2 of Title 5 of the. California .Government Code commencing with Section 53720. Section 6. Severability If any sections, subsections, sentence, phrase or clause of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this ordinance. The people of Arroyo Grande hereby declare that they have adopted the ordinance and each section, subsection, sentence, phrases or clauses be declared invalid. Section 7. Effective Date of Ordinance This ordinance shall 'go into effect ten days after adoption, pursuant to Elections Code Section 9217. . Z:\ARflOYOWISC\UTIL.TAX.BAl EXHIBIT "A"